There are two cases pending now, one of which is Emerson. I read the decision of the circuit course and a precis of the Circuit Court decision; it's a 2A case, and also a 5A or 14A case, depending on which due-process clause you're quoting. I'd say that is some support for his opinion that 2A is about to be incorporated, that SCOTUS can't put the matter off any longer. We also have the opinion recently articulated by the Solicitor General.
False. It involves federal, not state, law.